By Arret Jatta
The Supreme Court has ordered that the murder trial of Kumba Sinyan restart from the beginning, dismissing the Attorney General’s appeal and affirming that the High Court Practice Directions requiring a fresh hearing before a new judge are constitutional and applicable in capital offence cases.
The ruling clears the way for the case to resume before Justice Adenike J. Coker after the proceedings were halted pending the outcome of the State’s appeal.
Sinyan is facing a murder charge in connection with the death of Lamarana Jallow, who was allegedly killed at The Friendship Hostel in Bakau in September 2022 after sustaining a fatal razor blade wound to the stomach.
She pleaded not guilty to the charge and has maintained that she acted in self-defence during a confrontation with the deceased.
The trial began before Justice Sidi K Jobarteh in November 2022, with the prosecution closing its case in March 2024 after calling ten witnesses and tendering eighteen exhibits.
The defence later opened its case after a court-ordered psychological assessment found Sinyan fit to stand trial following concerns raised by her lawyer about her mental health.
The proceedings were interrupted when Justice Jobarteh proceeded on maternity leave and the case was subsequently reassigned to Justice Coker. Defence Counsel S Twum successfully applied for the matter to begin afresh, relying on the High Court Practice Directions, which require a de novo hearing where a new judge takes over a criminal trial and the accused does not consent to continue from where the previous judge stopped.
The State challenged that ruling before the Supreme Court, arguing that restarting the trial would prejudice the prosecution, waste public resources and create difficulties in recalling witnesses, some of whom had reportedly left the country.
However, the Supreme Court rejected those arguments, holding that the Practice Directions remain valid and are consistent with the constitutional right to a fair hearing. The court ruled that an accused person in a capital case is entitled to present their defence before the same judge who hears the entire case from start to finish.
With the appeal dismissed, the matter has been remitted to the High Court, where Justice Coker will now hear the case afresh.
